C VENKATAIAH Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) This is a petition for Habeas Corpus filed by the father of the detenu viz. Sri Chinnaboyina Shanker, saying that the order of detention is bad.

(2.) The detenu has been ordered to be detained by an order of the Commissioner of Police,Hyderabad, dt. 25-10-1988, To appreciate the submission of the counsel for the petitioner, we may reproduce the order :

(3.) The detenu thereafter was served with the grounds of detention by proceedings dt. 26-10-1988. For the purpose of the present case, we need not go into the grounds or their validity. The impugned order is challenged as being violative of Sec. 3 (1) of the A.P. Prevention of Dangerous Activities of Boot Leggers, Dacoits, Drug Offenders, Goondas. Immoral Traffie Offenders and Land Grabbers Act, 1986 (hereinafter referred to as "the Act"). The submission of the counsel for the detenu is that before a competent authority, like the government, can invoke its jurisdiction to pass an order under Sec. 3 (1) with a view to preventing a person from acting in any manner prejudicial to the maintenance of the public order, the person concerned must be, to the satisfaction of the detaining authority, a boot legger, dacoit, drug offender, goonda, immoral traffic offender or land grabber. Unless the person falls in any of the categories specified in Sec. 3 (1), the competent authority, which, is the Government, cannot pass any detention order. To appreciate the submission of the learned counsel for the detenu it will be useful to look into Sec 3 (1) of the Act which is as under :